Barnaby

Barnaby v. Barnaby

Good Law
100 Cal. App. 195·1929 Cal. App. LEXIS 322·279 P. 1064
Court of Appeal of CaliforniaAugust 1, 1929Docket No. 5363.California1,769 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment on the pleadings. The plaintiff filed a complaint alleging that she had prior to March 31, 1920, maintained an action for divorce against the defendant in Minnesota; that the plaintiff and defendant signed a stipulation that if the court should award a decree it should incorporate therein an order for the defendant to pay plaintiff the sum of $75 per month as alimony so long as she should remain unmar ried; that the court granted the decree and made the order for the payment of the monthly allowance; that the order was by stipulation of the parties modified temporarily, but that giving the defendant credit for payments made by him and the sums remitted by the temporary modification there yet remained unpaid $1680, which the plaintiff sought to recover. There was the further allegation that the court which rendered the decree and in which the defendant personally appeared after service of process was a court of general jurisdiction and that the order made has the force and effect of a judgment for the payment of money. The defendant responded to the complaint by an answer in which he denied for lack of information and belief the general…

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